HB 1799

CS

CHAMBER ACTION

2	The Committee on State Administration recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Fish and Wildlife Conservation
8	Commission; amending s. 20.331, F.S.; reorganizing the
9	commission; granting rights and privileges to the
10	commission; providing responsibilities and duties of the
11	executive director; revising the administrative structure
12	of the commission; providing that the principal unit for
13	program services within the commission shall be a division
14	headed by a director; providing that the principal subunit
15	within a division shall be a section headed by a leader;
16	providing that the principal subunit within a section
17	shall be a subsection headed by an administrator;
18	establishing divisions and a section within the
19	commission; providing that the principal unit for research
20	services within the commission is the Fish and Wildlife
21	Research Institute; providing that the principal unit for
22	administrative and support services shall be the Office of
23	Executive Direction and Administrative Support Services
24	headed by the executive director of the commission;
25	establishing additional offices within the Office of
26	Executive Direction and Administrative Support Services;
27	providing that the head of an office shall be a director;
28	providing position classifications within the state
29	employee system; providing for reallocation of certain
30	duties and functions; providing that additional divisions
31	of the commission may only be created by general law;
32	providing that divisions, offices, and the section created
33	by this act may only be abolished by general law;
34	authorizing the Department of Management Services and the
35	Executive Office of the Governor to establish and approve
36	new sections, subsections, and offices as initiated by the
37	commission; assigning powers, duties, responsibilities,
38	and functions to the divisions and the Boating and
39	Waterways Section; providing for adequate due process
40	procedures; establishing statutory duties of the
41	commission; authorizing the commission to provide comments
42	to permitting agencies; authorizing the commission to
43	acquire lands in the name of the state for certain
44	purposes; providing for employee bonds at the request of
45	the commission; amending s. 20.2551, F.S.; deleting
46	provisions relating to grants from the Florida Marine
47	Research Institute to citizen support organizations within
48	the Department of Environmental Protection; amending s.
49	370.021, F.S.; deleting a provision relating to employee
50	bond requirements; amending ss. 370.0603, 370.06091,
51	370.06093, 372.0215, 372.5701, 372.5702, and 403.0882,
52	F.S.; conforming language to changes made by the act;
53	amending s. 370.06092, F.S.; deleting obsolete provisions;
54	conforming language to changes made by the act; amending
55	s. 370.16, F.S.; deleting provisions relating to
56	noncultured shellfish harvesting, the use of water patrols
57	to collect tax on specified shellfish, and shellfish
58	harvesting recordkeeping; amending s. 370.172, F.S.;
59	deleting a prohibition with regard to certain special and
60	general laws relating to spearfishing; amending s.
61	372.0222, F.S.; requiring the commission to publish the
62	Florida Wildlife Magazine; providing for sale of
63	advertising and subscription fees; creating the Florida
64	Wildlife Magazine Advisory Council; requiring the council
65	to make recommendations to the commission regarding
66	magazine development, publication, and sale; providing for
67	qualifications of members, appointment of members, terms
68	of office, administrative support, and reimbursement for
69	travel expenses; amending s. 372.0225, F.S.; revising
70	requirements for the regulation of the promotion,
71	marketing, and quality control of freshwater organisms;
72	amending s. 5, ch. 99-245, Laws of Florida; deleting a
73	provision relating to the Florida Marine Research
74	Institute; repealing s. 370.083, F.S., relating to special
75	acts affecting sale or purchase of speckled sea trout or
76	weakfish; repealing s. 370.162, F.S., relating to the
77	purchase of sponges; repealing s. 372.051, F.S., relating
78	to the seal of the commission; repealing s. 372.9906,
79	F.S., relating to the Wildlife Law Enforcement Program;
80	providing full-time equivalent positions and an
81	appropriation to the commission from the State Game Trust
82	Fund to fund operation and publication of the Florida
83	Wildlife Magazine and travel and per diem expenses for the
84	Florida Wildlife Magazine Advisory Council; providing an
85	effective date.
86
87	Be It Enacted by the Legislature of the State of Florida:
88
89	Section 1.  Section 20.331, Florida Statutes, is amended to
90	read:
91	(Substantial rewording of section. See
92	s. 20.331, F.S., for present text.)
93	20.331  Fish and Wildlife Conservation Commission.--
94	(1)  RIGHTS AND PRIVILEGES.--The Legislature, recognizing
95	the Fish and Wildlife Conservation Commission as being
96	specifically authorized by the State Constitution under s. 9,
97	Art. IV, grants rights and privileges to the commission as
98	contemplated by s. 6, Art. IV of the State Constitution. These
99	rights and privileges are equal to those of departments
100	established under this chapter while preserving the commission's
101	constitutional designation and title.
102	(2)  HEAD OF THE COMMISSION.--The head of the Fish and
103	Wildlife Conservation Commission is the commission, with
104	commissioners appointed by the Governor as provided for in s. 9,
105	Art. IV of the State Constitution.
106	(3)  EXECUTIVE DIRECTOR.--
107	(a)  To aid the commission in the implementation of its
108	constitutional and statutory responsibilities, the Legislature
109	authorizes the commission to appoint and fix the salary of a
110	person who is not a member of the commission to serve as the
111	executive director, and to remove such person at its pleasure.
112	The executive director shall supervise, direct, coordinate, and
113	administer all activities necessary to fulfill the commission's
114	constitutional and statutory responsibilities. The executive
115	director shall be reimbursed for per diem and travel expenses
116	incurred in the discharge of official duties as provided in s.
117	112.061. The executive director shall maintain headquarters in
118	and reside in Tallahassee.
119	(b)  Each executive director must be confirmed by the
120	Senate during the regular legislative session immediately
121	following his or her appointment by the commission.
122	(4)  PROGRAM AND RESEARCH SERVICES.--Within the Fish and
123	Wildlife Conservation Commission, the principal unit for program
124	services is a "division" headed by a "director." The principal
125	subunit of the division is a "section" headed by a "leader." The
126	principal subunit of the section is a "subsection" headed by an
127	"administrator."
128	(a)  The following divisions and section are created within
129	the commission:
130	1.  Division of Freshwater Fisheries Management.
131	2.  Division of Habitat and Species Conservation.
132	3.  Division of Hunting and Game Management.
133	4.  Division of Law Enforcement. There is created within
134	the division the Boating and Waterways Section with duties and
135	responsibilities as provided in paragraph (7)(f).
136	5.  Division of Marine Fisheries Management.
137	(b)  The principal unit for research services within the
138	commission is the Fish and Wildlife Research Institute, which
139	shall be headed by a director.
140	(5)  ADMINISTRATIVE AND SUPPORT SERVICES.--The principal
141	unit for administrative and support services is the Office of
142	Executive Direction and Administrative Support Services, headed
143	by the executive director of the commission. Each office within
144	this principal unit shall be headed by a "director." The
145	following administrative and support offices are created within
146	the Office of Executive Direction and Administrative Support
147	Services:
148	(a)  Finance and Budget.
149	(b)  Human Resources.
150	(c)  Information Technology.
151	(d)  Inspector General.
152	(e)  Legal.
153	(f)  Regional Operations. Within the Regional Operations
154	Office, the executive director may establish a regional office
155	for each of the administrative regions established by the
156	commission. Each regional office shall be headed by a
157	"director."
158	(6)  GENERAL PROVISIONS.--
159	(a)  Section leader positions are classified at a level
160	equal to bureau chiefs, and subsection administrator positions
161	are classified at a level equal to section administrators, as
162	established in s. 20.04. At the discretion of the executive
163	director, director positions shall be classified at a level
164	equal to division directors, bureau chiefs, or section
165	administrators, as established in s. 20.04.
166	(b)  Unless specifically authorized by law, the commission
167	may not reallocate duties and functions assigned by law to a
168	specific unit of the commission. Functions assigned generally to
169	the commission without specific designation to a unit of the
170	commission may be allocated at the discretion of the commission.
171	(c)  Divisions, sections, and offices created by this act
172	may be abolished only by general law. Additional divisions in
173	the commission may be established only by general law. New
174	sections, subsections, and offices of the commission may be
175	initiated by the commission and established as recommended by
176	the Department of Management Services and approved by the
177	Executive Office of the Governor, or may be established by
178	general law.
179	(7)  ASSIGNMENT OF DUTIES AND RESPONSIBILITIES.--The
180	commission, and the Legislature as provided in s. 9, Art. IV of
181	the State Constitution, shall assign to the:
182	(a)  Fish and Wildlife Research Institute such powers,
183	duties, responsibilities, and functions as are necessary to
184	accomplish its mission, which is to:
185	1.  Serve as the primary source of research and technical
186	information and expertise on the status of marine life,
187	freshwater aquatic life, and wild animal life resources in this
188	state.
189	2.  Monitor the status and health of marine life,
190	freshwater aquatic life, and wild animal life species and their
191	habitats.
192	3.  Develop restoration and management techniques for
193	habitats and enhancement of plant and animal populations.
194	4.  Respond to and provide critical technical support for
195	catastrophes, including oil spills, ship groundings, major
196	species die-offs, hazardous spills, and natural disasters.
197	5.  Identify and monitor harmful algal blooms, including
198	red tides, evaluate their impacts, and provide technical support
199	concerning state and local public health concerns.
200	6.  Provide state and local governments with technical
201	information and research results concerning fish and wild animal
202	life.
203	(b)  Division of Freshwater Fisheries Management such
204	powers, duties, responsibilities, and functions as are necessary
205	to facilitate the responsible and sustained use of freshwater
206	aquatic life resources. The division shall provide expertise on
207	freshwater fish populations or other aspects of freshwater
208	fisheries needed for recreational and commercial use management
209	decisions and assess impacts of decisions made by others to
210	ensure quality fisheries and fishing in lakes, fish management
211	areas, rivers, and streams in this state.
212	(c)  Division of Habitat and Species Conservation such
213	powers, duties, responsibilities, and functions as are necessary
214	to protect and conserve the state's diverse and unique fish and
215	wild animal life. Powers, duties, responsibilities, and
216	functions of the division must be focused at the ecosystem or
217	landscape level and must include the management of public lands,
218	habitat restoration on public lands, development and
219	implementation of nongame species management plans, development
220	and implementation of imperiled species recovery plans,
221	provision of scientific support and assistance on habitat-
222	related issues to public and private landowners, aquatic habitat
223	restoration, habitat management assistance, land acquisition,
224	and exotic species coordination focused on measures that prevent
225	and control the introduction of exotic species. The division
226	shall utilize scientific data to develop resource management
227	plans that maintain stable or increasing populations of fish and
228	wild animal life.
229	(d)  Division of Hunting and Game Management such powers,
230	duties, responsibilities, and functions as are necessary to
231	facilitate the responsible and sustained use of wild animal life
232	resources. The division must develop scientifically based
233	recommendations that support effective regulation and sound
234	management of game wild animal life resources. The division must
235	also coordinate the development and management of public hunting
236	opportunities and provide hunter safety training and
237	certification.
238	(e)  Division of Law Enforcement such powers, duties,
239	responsibilities, and functions as are necessary to ensure
240	enforcement of laws and rules governing the management,
241	protection, conservation, improvement, and expansion of wild
242	animal life, freshwater aquatic life, and marine life resources.
243	In performance of their duties as sworn law enforcement officers
244	for the State of Florida, the division's officers also shall
245	enforce all laws relating to boating, provide public safety
246	services for citizens on lands and waters of the state,
247	particularly in remote areas, provide search-and-rescue and
248	disaster response services when necessary, assist in the
249	enforcement of all general laws, and coordinate with local,
250	state, and federal entities on law enforcement issues.
251	(f)  Boating and Waterways Section such powers, duties,
252	responsibilities, and functions as are necessary to manage and
253	promote the use of state waterways for safe and enjoyable
254	boating. Duties and responsibilities of the section include
255	overseeing and coordinating waterway markers on state waters,
256	providing boating education and boating safety programs,
257	improving boating access, coordinating the removal of derelict
258	vessels from state waters, implementing economic development
259	initiatives to promote boating in the state, and coordinating
260	the submission of state comments on marine events.
261	(g)  Division of Marine Fisheries Management such powers,
262	duties, responsibilities, and functions as are necessary to
263	facilitate the responsible and sustained use of marine life
264	resources. The division shall develop recommendations for
265	managing and enhancing commercial and recreational saltwater
266	fisheries resources, implement marine fisheries management
267	programs, and assist in the development and monitoring of
268	artificial reefs in state waters.
269	(8)  ADEQUATE DUE PROCESS PROCEDURES.--
270	(a)  The commission shall implement a system of adequate
271	due process procedures to be accorded to any party, as defined
272	in s. 120.52, whose substantial interests will be affected by
273	any action of the commission in the performance of its
274	constitutional duties or responsibilities.
275	(b)  The Legislature encourages the commission to
276	incorporate into its process the provisions of s. 120.54(3)(c)
277	when adopting rules in the performance of its constitutional
278	duties or responsibilities.
279	(c)  The commission shall follow the provisions of chapter
280	120 when adopting rules in the performance of its statutory
281	duties or responsibilities. For purposes of this subsection, the
282	commission's statutory duties or responsibilities include, but
283	are not limited to:
284	1.  Research and management responsibilities for marine
285	species listed as endangered or threatened, including manatees
286	and marine turtles.
287	2.  Establishment and enforcement of boating safety
288	regulations.
289	3.  Land acquisition.
290	4.  Enforcement and collection of fees for all commercial
291	and recreational hunting or fishing licenses or permits.
292	5.  Aquatic plant removal using fish as a biological
293	control agent.
294	6.  Enforcement of penalties for violations of commission
295	rules and state laws, including, but not limited to, the seizure
296	and forfeiture of vessels and other equipment used to commit
297	those violations.
298	7.  Establishment of free fishing days.
299	8.  Regulation of off-road vehicles on state lands.
300	9.  Establishment and coordination of a statewide hunter
301	safety course.
302	10.  Establishment of programs and activities to develop
303	and distribute public education materials.
304	11.  Police powers of sworn law enforcement officers.
305	12.  Establishment of citizen support organizations to
306	provide assistance, funding, and promotional support for
307	programs of the commission.
308	13.  Creation of the voluntary authorized hunter
309	identification program.
310	14.  Regulation of required clothing of persons hunting
311	deer.
312	(9)  PERMIT COMMENTING AUTHORITY.--Comments submitted by
313	the commission to a permitting agency regarding applications for
314	permits, licenses, or authorizations affecting the commission's
315	jurisdiction must be based on credible, factual scientific data
316	and must be received by the permitting agency within the time
317	specified by applicable statutes or rules, or within 30 days,
318	whichever is sooner. Comments provided by the commission are not
319	binding on any permitting agency. Comments by the commission
320	shall be considered for consistency with the Florida Coastal
321	Management Program and ss. 373.428 and 380.23. If the commission
322	comments are used by a permitting agency as a condition of
323	denial, approval, or modification of a proposed permit, license,
324	or authorization, any party to an administrative proceeding
325	involving such proposed action may require the commission to
326	join as a party in determining the validity of the condition. In
327	any action in which the commission is joined as a party, the
328	commission shall bear only the actual cost of defending the
329	validity of the credible, factual scientific data used as a
330	basis for comments.
331	(10)  LAND ACQUISITION AUTHORITY.--The commission shall
332	acquire, in the name of the state, lands and waters suitable for
333	the protection, improvement, and restoration of the state's wild
334	animal life, freshwater aquatic life, and marine life resources.
335	Lands may be acquired by purchase, lease, gift, or otherwise,
336	using state, federal, or other sources of funding. Lands
337	acquired under this section shall be managed for recreational
338	and other multiple-use activities that do not impede the
339	commission's ability to perform its constitutional and statutory
340	duties and responsibilities.
341	(11)  EMPLOYEE BONDS.--The commission may require any
342	commission employee to give a bond for the faithful performance
343	of duties. The commission may determine the amount of the bond
344	and must approve the bond. In determining the amount of the
345	bond, the commission may consider the amount of money or
346	property likely to be in the custody of the officer or employee
347	at any one time. The premium for the bond must be paid out of
348	the funds of the commission, and the bond must be payable to the
349	Governor and the Governor's successor in office.
350	Section 2.  Paragraph (b) of subsection (1) of section
351	20.2551, Florida Statutes, is amended to read:
352	20.2551  Citizen support organizations; use of property;
353	audit; public records; partnerships.--
354	(1)  DEFINITIONS.--For the purposes of this section, a
355	"citizen support organization" means an organization which is:
356	(b)  Organized and operated to conduct programs and
357	activities; raise funds; request and receive grants, gifts, and
358	bequests of money; acquire, receive, hold, invest, and
359	administer, in its own name, securities, funds, objects of
360	value, or other property, real or personal; and make
361	expenditures to or for the direct or indirect benefit of the
362	Department of Environmental Protection or individual units of
363	the department. The citizen support organization may not receive
364	funds from the department or the Florida Marine Research
365	Institute by grant, gift, or contract unless specifically
366	authorized by the Legislature;
367	Section 3.  Subsections (12) and (13) of section 370.021,
368	Florida Statutes, are renumbered as subsections (11) and (12),
369	respectively, and present subsection (11) of said section is
370	amended to read:
371	370.021  Administration; rules, publications, records;
372	penalties; injunctions.--
373	(11)  BOND OF EMPLOYEES.--The commission may require, as it
374	determines, that bond be given by any employee of the commission
375	or divisions thereof, payable to the Governor of the state and
376	the Governor's successor in office, for the use and benefit of
377	those whom it may concern, in such penal sums with good and
378	sufficient surety or sureties approved by the commission
379	conditioned for the faithful performance of the duties of such
380	employee.
381	Section 4.  Paragraph (e) of subsection (4) of section
382	370.0603, Florida Statutes, is amended to read:
383	370.0603  Marine Resources Conservation Trust Fund;
384	purposes.--
385	(4)  Funds transferred to the Marine Resources Conservation
386	Trust Fund from the Fuel Tax Collection Trust Fund pursuant to
387	s. 206.606 shall be used for the following purposes:
388	(e)  For other activities of the Office of Boating and
389	Waterways Section such as coordinating the submission of state
390	comments on boating-related events.
391
392	Funds not used in one fiscal year must be carried over for use
393	in subsequent years.
394	Section 5.  Section 370.06091, Florida Statutes, is amended
395	to read:
396	370.06091  Memorandum of agreement relating to Fish and
397	Wildlife Florida Marine Research Institute.--A memorandum of
398	agreement will be developed between the Department of
399	Environmental Protection and the Fish and Wildlife Conservation
400	Commission which will detail the responsibilities of the Fish
401	and Wildlife Florida Marine Research Institute to the
402	department, to include, at a minimum, the following services:
403	(1)  Environmental monitoring and assessment.
404	(2)  Restoration research and development of restoration
405	technology.
406	(3)  Technical support and response for oil spills, ship
407	groundings, major marine species die offs, hazardous spills, and
408	natural disasters.
409	Section 6.  Section 370.06092, Florida Statutes, is amended
410	to read:
411	370.06092  Harmful-Algal-Bloom Task Force.--
412	(1)  There is established a Harmful-Algal-Bloom Task Force
413	for the purpose of determining research, monitoring, control,
414	and mitigation strategies for red tide and other harmful algal
415	blooms in Florida waters. The Fish and Wildlife Florida Marine
416	Research Institute shall appoint to the task force scientists,
417	engineers, economists, members of citizen groups, and members of
418	government. The task force shall determine research and
419	monitoring priorities and control and mitigation strategies and
420	make recommendations to the Fish and Wildlife Florida Marine
421	Research Institute by October 1, 1999, for using funds as
422	provided in this act.
423	(2)  The Harmful-Algal-Bloom Task Force shall:
424	(a)  Review the status and adequacy of information for
425	monitoring physical, chemical, biological, economic, and public
426	health factors affecting harmful algal blooms in Florida;
427	(b)  Develop research and monitoring priorities for harmful
428	algal blooms in Florida, including detection, prediction,
429	mitigation, and control;
430	(c)  Develop recommendations that can be implemented by
431	state and local governments to develop a response plan and to
432	predict, mitigate, and control the effects of harmful algal
433	blooms; and
434	(d)  Make recommendations to the Fish and Wildlife Florida
435	Marine Research Institute by October 1, 1999, for research,
436	detection, monitoring, prediction, mitigation, and control of
437	harmful algal blooms in Florida.
438	(3)  After the completion of the tasks specified in
439	subsection (2), the Harmful-Algal-Bloom Task Force may be
440	continued at the pleasure of the Florida Marine Research
441	Institute.
442	Section 7.  Section 370.06093, Florida Statutes, is amended
443	to read:
444	370.06093  Harmful-algal-bloom program; implementation;
445	goals; funding.--
446	(1)(a)  The Fish and Wildlife Florida Marine Research
447	Institute shall implement a program designed to increase the
448	knowledge of factors that control harmful algal blooms,
449	including red tide, and to gain knowledge to be used for the
450	early detection of factors precipitating harmful algal blooms
451	for accurate prediction of the extent and seriousness of harmful
452	algal blooms and for undertaking successful efforts to control
453	and mitigate the effects of harmful algal blooms.
454	(b)  The Legislature intends that this program enhance and
455	address areas that are not adequately covered in the cooperative
456	federal-state program known as Ecology and Oceanography of
457	Harmful Algal Blooms (ECOHAB-Florida), which includes the
458	University of South Florida, the Mote Marine Laboratory, and the
459	Fish and Wildlife Florida Marine Research Institute.
460	(c)  The goal of this program is to enable resource
461	managers to assess the potential for public health damage and
462	economic damage from a given bloom and to undertake control and
463	mitigation efforts through the development and application of an
464	integrated detection and prediction network for monitoring and
465	responding to the development and movement of harmful algal
466	blooms in Florida marine and estuarine waters.
467	(2)  A financial disbursement program is created within the
468	Fish and Wildlife Florida Marine Research Institute to implement
469	the provisions of this act. Under the program, the institute
470	shall provide funding and technical assistance to government
471	agencies, research universities, coastal local governments, and
472	organizations with scientific and technical expertise for the
473	purposes of harmful-algal-bloom research, economic impact study,
474	monitoring, detection, control, and mitigation. The program may
475	be funded from state, federal, and private contributions.
476	Section 8.  Subsections (3) and (4) of section 370.16,
477	Florida Statutes, are renumbered as subsections (2) and (3),
478	respectively, subsections (6) through (8) are renumbered as
479	subsections (4) through (6), respectively, and present
480	subsections (2) and (5) of said section are amended to read:
481	370.16  Noncultured shellfish harvesting.--
482	(2)  SHELLFISH HARVESTING SEASONS; SPECIAL PROVISIONS
483	RELATING TO APALACHICOLA BAY.--
484	(a)  The Fish and Wildlife Conservation Commission shall by
485	rule set the noncultured shellfish harvesting seasons in
486	Apalachicola Bay.
487	(b)  If the commission changes the harvesting seasons by
488	rule as set forth in this subsection, for 3 years after the new
489	rule takes effect, the commission, in cooperation with the
490	Department of Agriculture and Consumer Services, shall monitor
491	the impacts of the new harvesting schedule on the bay and on
492	local shellfish harvesters to determine whether the new
493	harvesting schedule should be discontinued, retained, or
494	modified. In monitoring the new schedule and in preparing its
495	report, the following information shall be considered:
496	1.  Whether the bay benefits ecologically from the new
497	harvesting schedule.
498	2.  Whether the new harvesting schedule enhances the
499	enforcement of shellfish harvesting laws in the bay.
500	3.  Whether the new harvesting schedule enhances natural
501	shellfish production, oyster relay and planting programs, and
502	shell planting programs in the bay.
503	4.  Whether the new harvesting schedule has more than a
504	short-term adverse economic impact, if any, on local shellfish
505	harvesters.
506	(5)  WATER PATROL FOR COLLECTION OF TAX.--
507	(a)  The Fish and Wildlife Conservation Commission may
508	establish and maintain necessary patrols of the salt waters of
509	Florida, with authority to use such force as may be necessary to
510	capture any vessel or person violating the provisions of the
511	laws relating to oysters and clams, and may establish ports of
512	entry at convenient locations where the severance or privilege
513	tax levied on oysters and clams may be collected or paid and may
514	make such rules and regulations as it may deem necessary for the
515	enforcement of such tax.
516	(b)  Each person in any way dealing in shellfish harvesting
517	from public reefs or beds shall keep a record, on blanks or
518	forms prescribed by the commission, of all oysters, clams, and
519	shellfish taken, purchased, used, or handled by him or her, with
520	the name of the person from whom purchased, if purchased,
521	together with the quantity and the date taken or purchased, and
522	shall exhibit this account at all times when requested so to do
523	by the commission or any conservation agent; and he or she
524	shall, on the first day of each month, make a return under oath
525	to the commission as to the number of oysters, clams, and
526	shellfish purchased, caught, or handled during the preceding
527	month. The commission may require detailed returns whenever it
528	deems them necessary.
529	Section 9.  Subsection (4) of section 370.172, Florida
530	Statutes, is amended to read:
531	370.172  Spearfishing; definition; limitations; penalty.--
532	(4)  Pursuant to s. 11(a)(21), Art. III of the State
533	Constitution, the Legislature hereby prohibits special laws or
534	general laws of local application in conflict with this act, but
535	only such parts thereof as are in conflict with this act,
536	affecting spearfishing in salt waters and saltwater tributaries.
537	Section 10.  Paragraph (b) of subsection (1) of section
538	372.0215, Florida Statutes, is amended to read:
539	372.0215  Citizen support organizations; use of state
540	property; audit.--
541	(1)  The Fish and Wildlife Conservation Commission may
542	authorize the establishment of citizen support organizations to
543	provide assistance, funding, and promotional support for the
544	programs of the commission. For purposes of this section, the
545	term "citizen support organization" means an organization which:
546	(b)  Is organized and operated to conduct programs and
547	activities; raise funds; request and receive grants, gifts, and
548	bequests of money; acquire, receive, hold, invest, and
549	administer in its own name securities, funds, or real or
550	personal property; and make expenditures for the benefit of the
551	commission or an individual program unit of the commission;
552	except that such organization may not receive funds from the
553	commission or the Fish and Wildlife Florida Marine Research
554	Institute by grant, gift, or contract unless specifically
555	authorized by the Legislature.
556	Section 11.  Subsection (2) of section 372.0222, Florida
557	Statutes, is amended to read:
558	372.0222 Private publication agreements; advertising; costs
559	of production.--
560	(2)(a) Beginning January 1, 2005, the commission, with the
561	advice and assistance of the Florida Wildlife Magazine Advisory
562	Council, shall publish the Florida Wildlife Magazine. The
563	magazine shall be published at least on a quarterly basis in
564	hard-copy format and shall be available to the public by
565	subscription and retail distribution. The primary focus of the
566	magazine shall be to promote the heritage of hunting and fishing
567	in Florida. The magazine shall also disseminate information
568	regarding other outdoor recreational opportunities available to
569	Floridians and visitors.
570	(b)  In order to offset the cost of publication and
571	distribution of the magazine, the commission, with the advice
572	and assistance of the Florida Wildlife Magazine Advisory
573	Council, is authorized to sell advertising for placement in the
574	magazine. The commission shall have the right to approve all
575	elements of any advertising placed in the magazine, including
576	the form and content thereof. The magazine shall include a
577	statement providing that the inclusion of advertising in the
578	magazine does not constitute an endorsement by the state or the
579	commission of the products or services so advertised. The
580	commission may charge an annual magazine subscription fee of up
581	to $25, a 2-year magazine subscription fee of up to $45, and a
582	3-year magazine subscription fee of up to $60. The commission
583	may charge a retail per-copy fee of up to $7. The provisions of
584	chapter 287 do not apply to the sale of advertising for
585	placement in the magazine. All revenues generated by the
586	magazine shall be credited to the State Game Trust Fund.
587	(c)  The Florida Wildlife Magazine Advisory Council is
588	created within the commission to advise and make recommendations
589	to the commission regarding development, publication, and sale
590	of the Florida Wildlife Magazine. In order to accomplish this
591	purpose, the council shall provide recommendations to the
592	commission regarding:
593	1.  The content of articles included in each edition of the
594	magazine.
595	2.  Advertising proposed for each edition of the magazine.
596	3.  Strategies to improve distribution and circulation of
597	the magazine.
598	4.  Cost-reduction measures regarding publication of the
599	magazine.
600	(d)  The council shall consist of seven members appointed
601	by the commission, and initial appointments shall be made no
602	later than August 1, 2004. When making initial appointments to
603	the council and filling vacancies, the commission shall appoint
604	members to represent the following interests: hunting; saltwater
605	fishing; freshwater fishing; recreational boating; recreational
606	use of off-road vehicles; hiking, bicycling, bird watching, or
607	similar passive activities; general business interests; and
608	magazine publishing.
609	(e)  Two of the initial appointees shall serve 2-year
610	terms, two of the initial appointees shall serve 3-year terms,
611	and three of the initial appointees shall serve 4-year terms.
612	Subsequent to the expiration of the initial terms, council
613	appointees shall serve 4-year terms. Council members may be
614	reappointed and shall serve at the pleasure of the commission.
615	(f)  The members of the council shall elect a chair
616	annually.
617	(g)  The council shall meet at least quarterly at the call
618	of its chair, at the request of a majority of its membership, or
619	at the request of the commission. A majority of the council
620	shall constitute a quorum for the transaction of business.
621	(h)  The commission shall provide the council with
622	clerical, expert, technical, or other services. All expenses of
623	the council shall be paid from appropriations made by the
624	Legislature to the commission. All vouchers shall be approved by
625	the executive director before submission to the Chief Financial
626	Officer for payment.
627	(i)  Members of the council shall serve without
628	compensation but shall receive per diem and reimbursement for
629	travel expenses as provided in s. 112.061.
630	(j)  Advisory council members may be reappointed. Advisory
631	council members shall serve at the pleasure of the commission.
632	The Fish and Wildlife Conservation Commission may sell
633	advertising in the Florida Wildlife Magazine to offset the cost
634	of publication and distribution of the magazine.
635	Section 12.  Section 372.0225, Florida Statutes, is amended
636	to read:
637	372.0225  Freshwater organisms.--
638	(1)  The Division of Freshwater Fisheries of the Fish and
639	Wildlife Conservation Commission, in order to manage the
640	promotion, marketing, and quality control of all freshwater
641	organisms produced in Florida and utilized commercially so that
642	such organisms shall be used to produce the optimum sustained
643	yield consistent with the protection of the breeding stock, is
644	directed and charged with the responsibility of:
645	(a)  Providing for the regulation of the promotion,
646	marketing, and quality control of freshwater organisms produced
647	in Florida and utilized commercially.
648	(b)  Regulating the processing of commercial freshwater
649	organisms on the water or on the shore.
650	(c)  Providing documentation standards and statistical
651	record requirements with respect to commercial freshwater
652	organism catches.
653	(d)  Conducting scientific, economic, and other studies and
654	research on all freshwater organisms produced in the state and
655	used commercially.
656	(2)  The responsibility with which the commission Division
657	of Freshwater Fisheries is charged under subsection (1) shall in
658	no way supersede or duplicate the responsibilities of the
659	Department of Agriculture and Consumer Services under chapter
660	500, the Florida Food Safety Act;, chapter 597, the Florida
661	Aquaculture Policy Act;, and the rules adopted thereunder.
662	Section 13.  Subsection (3) of section 372.5701, Florida
663	Statutes, is amended to read:
664	372.5701  Deposit of license fees; allocation of federal
665	funds.--
666	(3)  Funds available from the Wallop-Breaux Aquatic
667	Resources Trust Fund shall be distributed by the commission
668	between the Division of freshwater fisheries management and
669	research and the Division of marine fisheries management and
670	research in proportion to the numbers of resident fresh and
671	saltwater anglers as determined by the most current data on
672	license sales. Unless otherwise provided by federal law, the
673	commission, at a minimum, shall provide the following:
674	(a)  Not less than 5 percent or more than 10 percent of the
675	funds allocated to the commission shall be expended for an
676	aquatic resources education program; and
677	(b)  Not less than 10 percent of the funds allocated to the
678	commission shall be expended for acquisition, development,
679	renovation, or improvement of boating facilities.
680	Section 14.  Section 372.5702, Florida Statutes, is amended
681	to read:
682	372.5702  Expenditure of funds.--Any moneys available
683	pursuant to s. 372.5701(1)(c) may be expended by the commission
684	within Florida through grants and contracts for research with
685	research institutions including but not limited to: Florida Sea
686	Grant; Florida Marine Resources Council; Harbour Branch
687	Oceanographic Institute; Technological Research and Development
688	Authority; Fish and Wildlife Florida Marine Research Institute
689	of the Fish and Wildlife Conservation Commission; Mote Marine
690	Laboratory; Marine Resources Development Foundation; Florida
691	Institute of Oceanography; Rosentiel School of Marine and
692	Atmospheric Science; and Smithsonian Marine Station at Ft.
693	Pierce.
694	Section 15.  Subsection (3) of section 403.0882, Florida
695	Statutes, is amended to read:
696	403.0882  Discharge of demineralization concentrate.--
697	(3)  The department shall initiate rulemaking no later than
698	October 1, 2001, to address facilities that discharge
699	demineralization concentrate. The department shall convene a
700	technical advisory committee to assist in the development of the
701	rules, which committee shall include one representative each
702	from the demineralization industry, local government, water and
703	wastewater utilities, the engineering profession, business, and
704	environmental organizations. The technical advisory committee
705	shall also include one member representing the five water
706	management districts and one representative from the Fish and
707	Wildlife Florida Marine Research Institute. In convening the
708	technical advisory committee, consideration must be given to
709	geographical balance. The rules must address, at a minimum:
710	(a)  Permit application forms for concentrate disposal;
711	(b)  Specific options and requirements for demineralization
712	concentrate disposal, including a standardized list of effluent
713	and monitoring parameters, which may be adjusted or expanded by
714	the department as necessary to protect water quality;
715	(c)  Specific requirements and accepted methods for
716	evaluating mixing of effluent in receiving waters; and
717	(d)  Specific toxicity provisions.
718	Section 16.  Subsection (3) of section 5 of chapter 99-245,
719	Laws of Florida, is amended to read:
720	Section 5.
721	(3)  The Florida Marine Research Institute at the
722	Department of Environmental Protection is established as a
723	separate budget entity within the commission, and is assigned to
724	the Office of the Executive Director for administrative
725	purposes.
726	Section 17.  Sections 370.083, 370.162, 372.051, and
727	372.9906, Florida Statutes, are repealed.
728	Section 18.  Beginning in fiscal year 2004-2005, 4.5 full-
729	time equivalent positions are authorized and the sum of $390,000
730	is appropriated from the State Game Trust Fund to the Fish and
731	Wildlife Conservation Commission to fund operating and
732	publication costs of the Florida Wildlife Magazine and travel
733	and per diem expenses as provided in s. 112.061, Florida
734	Statutes, for the Florida Wildlife Magazine Advisory Council.
735	Section 19.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.